Rights and the Rule of Law in the Balance

(2013) 129 Law Quarterly Review 399-419

20 Pages Posted: 29 Aug 2014

See all articles by Grégoire Webber

Grégoire Webber

Queen's University - Faculty of Law; London School of Economics - Law School

Date Written: August 27, 2014

Abstract

In debates surrounding the rule of law, a recurring question has been whether a legal system’s commitment to legality is deficient absent the protection of human rights. Near absent from these debates is another central question animating the rule of law and its relationship to rights: the how of the guarantee, promotion, and protection of rights in law. This essay seeks to illustrate why this concern for the relationship between means and ends should be at the centre of debates surrounding the relationship of rights to the rule of law.

Keywords: Rule of law; proportionality; balancing; rights; Fuller; Waldron; vagueness

Suggested Citation

Webber, Grégoire, Rights and the Rule of Law in the Balance (August 27, 2014). (2013) 129 Law Quarterly Review 399-419, Available at SSRN: https://ssrn.com/abstract=2488076

Grégoire Webber (Contact Author)

Queen's University - Faculty of Law ( email )

128 Union Street
Kingston, Ontario K7L3N6
Canada

HOME PAGE: http://law.queensu.ca/directory/gregoire-webber

London School of Economics - Law School ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/gregoire-webber.htm

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